Part Four of the Yesterday, Today and Tomorrow series
Part Four of the Yesterday, Today and Tomorrow series
Article Summary
Part Four follows Annie’s hospital evaluation, dementia diagnosis, and the discovery that her Mental Healthcare Power of Attorney would make an enormous difference in determining what happened next.
When we arrived at Annie’s house, she was sitting in the driver’s seat of her car. The door was open, and the key was in her hand.
“The car is broken,” she said.
We hugged her and told her the tow truck was coming to take it to the dealer. She seemed relieved and handed us the key.
For the next few weeks, the family took turns caring for Annie. We took her shopping, brought her food she did not have to cook, and included her in our daily activities.
Meanwhile, the doctor was working on getting her admitted to the hospital for testing. We told Annie the hospital needed to treat her very high blood pressure. By then, she understood that her blood pressure was a problem, so she went willingly.
After eight days of tests, scans, and observation, the doctors called the family together.
Annie had dementia.
The doctors explained that different types of dementia may begin differently but can eventually lead to similar problems. In Annie’s case, the changes seemed sudden, even though the disease had been developing for some time.
We were shocked, but not shocked. Relieved to finally have an answer, but heartbroken and frightened about what came next.
My sister asked the most important question.
“What do we do now? She can’t go home.”
The doctors asked whether Annie had a Mental Healthcare Power of Attorney.
“Absolutely,” I said.
That document would make an enormous difference in what happened next. (What if she had not had one? We will get to that in Part Six.)
The doctors told us to make an appointment with the hospital social worker.
We looked at each other.
The social worker?
Let’s continue.
Ilene
What Role Can a Mental Health Care Power of Attorney Play After a Dementia Diagnosis in Arizona?
Under Arizona law, an agent named in a valid Mental Health Care Power of Attorney may make mental health treatment decisions for the principal when the principal is found incapable. The agent’s authority is limited by the express language of the power of attorney and any applicable court order. The agent must also follow the principal’s expressed wishes.
For this purpose, Arizona law defines an incapable person as someone who, in the opinion of a qualifying physician specializing in neurology or psychiatry or a licensed psychologist, lacks the ability to give informed consent. A dementia diagnosis alone does not automatically determine every legal question involving capacity or activate every power of attorney.
An agent may consent to admission to an inpatient psychiatric facility only when that authority is expressly stated in the Mental Health Care Power of Attorney or applicable Health Care Power of Attorney.
Readers can review Arizona Revised Statutes Section 36 3281, Arizona Revised Statutes Section 36 3283, and the Arizona Attorney General’s Life Care Planning resources for general information about Arizona advance directives.
Earlier Installments
Part Five continues Annie’s story and the family’s meeting with the hospital social worker.
About Ilene L. McCauley
Ilene L. McCauley, Esq. is a Scottsdale, Arizona estate planning, probate, and tax attorney. She has been a member of the State Bar of Arizona since 1982 and is a Certified Specialist in Taxation recognized by the Arizona Board of Legal Specialization. She serves individuals, families, and business owners throughout Arizona.
Related Arizona Estate Planning Resources
Learn about estate planning in Arizona, including trusts, financial powers of attorney, health care powers of attorney, living wills, and incapacity planning.
Read additional articles in the Arizona Estate Planning and Probate Blog.
Questions About an Arizona Estate Plan?
Every estate plan is different. The authority granted by a power of attorney depends on the language of the document and the circumstances involved. Arizona families with questions about an existing estate plan may request a consultation with Ilene L. McCauley, Ltd.